City ordinance found to violate U.S. and Iowa Constitution

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Roger McEowen

Perry, Iowa, enacted an ordinance designed to give the city the power to deal with nuisances as determined by an enforcement officer. Here, the city claimed that the plaintiffs violated the ordinance due to the presence of “junked automobiles” on their property, and sent them a notice that they had 14 days to get rid of the automobiles on their own before the city eliminated them for them. The plaintiffs were not given any right to a hearing, and sued on the basis that the ordinance unconstitutionally deprived them of their constitutional right to due process. The trial court ruled for the city, but the appellate court reversed. First, the ordinance defined “junk vehicles” so broadly that it gave very little meaningful notice as to what actually constituted junk. Second, the plaintiffs’ were not given the right to a hearing before losing their property. So, the ordinance was unconstitutional as applied to the plaintiffs for these reasons. However, the court did not hold that the ordinance was unconstitutional on its face because the enforcement officer had the option to issue a citation or abate the nuisance, as well as the option to provide a hearing. Kistler v. City of Perry, 719 N.W.2d 804 (Iowa Sup. Ct. 2006).

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